§ 23-6.3-4. Exceptions to consent requirements.
(a) A healthcare provider may test for the presence of HIV without obtaining consent from
the individual to be tested under the following conditions:
(1) When the individual to be tested is under one year of age;
(2) When a child between one and thirteen (13) years of age appears to be symptomatic
for HIV;
(3) When the individual to be tested is a minor under the care and authority of the department
of children, youth and families, and the director of that department certifies that
an HIV test is necessary to secure health or human services for that individual;
(4) In a licensed healthcare facility or healthcare setting, in the event that an occupational
health representative or physician, registered nurse practitioner, physician assistant,
or nurse-midwife, not directly involved in the exposure, determines that an employee
or emergency service worker, other than one in a supervisory position to the person
making the determination, had a significant exposure to the blood and/or body fluids
of a patient and the patient or the patient's guardian refuses to grant consent for
an HIV test to determine whether the patient has HIV, then, if a sample of the patient's
blood is available, that blood shall be tested for HIV.
(i) If a sample of the patient's blood is not otherwise available and the patient refuses
to grant consent to draw blood, the employee or emergency service worker may petition
the superior court for a court order mandating that the test be performed.
(ii) Before a patient or a sample of the patient's blood is required to undergo an HIV
test, the employee or emergency service worker must submit to a baseline HIV test
within seventy-two (72) hours of the exposure.
(iii) No person who determines that an employee or emergency service worker has sustained
a significant exposure and authorizes the HIV testing of a patient, nor any person
or healthcare facility who acts in good faith and recommends the test be performed,
shall have any liability as a result of their actions carried out under this chapter,
unless those persons are proven to have acted in bad faith.
(iv) For the purposes of this section, "emergency service worker� means a worker responding
on behalf of a licensed ambulance/rescue service, or a fire department or a law enforcement
agency, who, in the course of their professional duties, has been exposed to bodily
fluids in circumstances that present a significant risk of transmission of HIV, and
has completed a pre-hospital exposure form in accordance with § 23-4.1-19.
(5) In an emergency, where due to a grave medical or psychiatric condition, and it is
impossible to obtain consent from the patient or, if applicable under state law, the
patient's parent, guardian, or agent.
(6) As permitted under § 23-1-38 entitled "HIV Antibody Testing-Sperm Collection or Donation.â€�
(7) [Deleted by P.L. 2025, ch. 194, § 1 and P.L. 2025, ch. 195, § 1.]
(8) Any individual convicted of possession of any controlled substance as defined in chapter 28 of title 21 entitled "Uniform Controlled Substances Act,� that has been administered with a hypodermic
instrument, retractable hypodermic syringe, needle, intra-nasally, or any similar
instrument adapted for the administration of drugs shall be required to be tested
for HIV unless already documented HIV positive.
(9) All individuals tested under this section shall be informed of their test results.
(10) In accordance with the provisions of chapter 37 of title 11, entitled, "Sexual Assault,� any individual who has admitted to or been convicted
of or adjudicated wayward or delinquent by reason of having committed any sexual offense
involving penetration whether or not a sentence or fine is imposed or probation granted,
shall be ordered by the court upon petition of the victim, immediate family members
of the victim or legal guardian of the victim, to submit to a blood test for the presence
of a sexually transmitted disease including, but not limited to, HIV. All individuals
tested under this section shall be informed of their test results.
(11) In accordance with the provisions of § 42-56-37, entitled "HIV Testing,â€� every individual who is committed to the adult correctional
institutions to any criminal offense, after conviction, is required to be tested for
HIV.
(b) It is unlawful for any person to disclose to a third party the results of an individual's
HIV test without the prior written consent of that individual, except in accordance
with § 23-6.3-7.